The division judge bench of Justice A.S. Supehia and Justice M.R. Mengdey of the Gujarat High Court in the case of Birju Salla @ Amar Soni Vs State of Gujarat acquitted the appellant convicted under the Anti Hijacking Act, 2016.
Brief Facts:
The trial court convicted the appellant for the offence under Section 3(1) and 3(2)(a) of the Anti-Hijacking Act, 2016, and was sentenced to undergo life imprisonment for the remainder of his life. The present application is filed to challenge the decision of the court below.
Observations of the court:
After considering the evidence, the Hon’ble Court observed that the trial court convicted and sentenced the appellant for the offence of hijacking on the premise of evidence tainted with doubt.
The Hon’ble Court quashed and set aside the decision of the trial court and acquitted the appellant from the offence under Section 3(1) and 3(2)(a) of the Anti-Hijacking Act, 2016.
The appellant was directed by the trial court to pay a fine of Rs.5,00,00,000/(Five Crores) was also set aside.
The decision of the Court:
With the above direction, the Hon’ble Court allowed the present appeal.
Case Title: Birju Salla @ Amar Soni Vs State of Gujarat
Coram: Hon’ble Mr. Justice A.S. Supehia and Hon’ble Mr. Justice M.R. Mengdey
Case No.: R/Criminal Appeal No. 1523 of 2019
Advocates for the Appellant No. 1: Mr. Yogesh Lakhani, Mr. Vikram Chudhari, Mr. Hardik P Modh, Mr. Rishi Segal, Mr. Amit Laddha and Ms. Shweta Segal.
Advocate for the Respondent No. 1: Ms. Vrudna C. Shah, APP.
Advocates for the Respondent No. 2: Mr. Devang Vyas, ASG, Mr. Kshitij Amin.
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